IMPORTANT PLEASE READ CAREFULLY: The following terms and conditions are applicable to any purchase of wines by you (“You” or “Buyer”) from Royal Wine Merchants, Ltd (“RWM”) (together, the “Parties”) and they form the terms of a binding contract between the Parties (the “Agreement”). If you are unwilling to abide by the terms of the Agreement you should not proceed with the purchase.
- In purchasing wines from RWM You represent that you are at least 21 years old.
- Title to all wines remains with RWM unless and until You have paid for them in full.
- RWM does not accept any returns on bottles that have been opened. Except in the case of defective bottles, unopened bottles may only be returned within three (3) business days of the underlying purchase and sale or You will be deemed to have waived any right to do so. Defective bottles may be returned with six (6) months from the date of purchase but, at all times, RWM retains the sole right to determine if any product sold to You is defective and You agree to abide by its determination.
- RWM makes no warranty, express or implied, about the wine being sold to You except that RWM is conveying clear title to the wines to You and that it believes the wine is what its label describes it to be. RWM makes no guaranty or warranty as to the quality or drinkability of any wine sold or the source of the wine and You expressly acknowledge that no such representations have been made to You. Further, while RWM only sells wines it believes to be accurately described on its bottles’ labels, it disclaims are responsibility for their accuracy.
- You expressly agree that any claim You may bring against RWM whether in an action in contract or in tort shall not exceed the total amount you have paid for the wine sold to you and you expressly disclaim any right to seek any other damages or equitable relief of whatsoever kind against, including but not limited to any claim for incidental and/or consequential damages.
- Buyer agrees that any legal action taken in connection with the purchase of wines from RWM, or for any other reason where such claims are directed to RWM, shall be solely and exclusively brought in the courts of the state of New York and Buyer hereby waives the right to trial by jury. You further agree that to the extent RWM prevails in any suit brought against it, RWM will be entitled to the recovery of reasonable attorneys’ fees expended in connection therewith.